Neel v. State
In Neel v. State, 889 P.2d 922 (Utah 1995), the Court held that an injured employee can recover both workers' compensation and personal injury protection ("PIP") benefits, but that the PIP benefits could be reduced by the amount recovered under a workers' compensation policy. See id. at 925.
In reaching our holding the Court stated:
Had the legislature intended PIP insurers to have an absolute defense against injured employees, lawmakers could have easily added language to the statute indicating this intent. Interestingly, in wording the uninsured and underinsured motorist coverage statute, the legislature did that very thing by adding this language: "This coverage does not apply to an employee, who is injured by an uninsured motorist, whose exclusive remedy is provided by . . . Workers' Compensation." Id. at 926.